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What type of lawyer should I seek to file against online privacy? what if you don't have enough financial resources?

Albany, NY |

I received an email a few days ago from a stranger. he wrote someone posted explicit photos of you on this so and so website. I went to the site and found 1 album filled of explicit photos that were stolen from my ex's computer. what should I do? how do I fill a lawsuit against the users and the site? I think there are more than 1 site that's posting it.

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Attorney answers 2


You won't find a free lawyer for this. ... assuming you have a claim.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.



Hi Mr. Rothstein, I'm not looking a free lawyer. I just want to know what's the average fee for this type of claim. And also what type of lawyer should I seek.

Eric Edward Rothstein

Eric Edward Rothstein


You need someone who litigates and knows about internet and privacy law. You will spend thousands of dollars to pursue a lawsuit.


I am sorry that you had to suffer such an invasive situation. There are a number of websites and companies who help prevent illegal and abusive usage of the internet. However, privacy is under the category of tort law and you would be most likely need to retain a litigator, competent in both the privacy laws and internet laws, in order to successfully prosecute or press any charges against the perpetrator. You also would probably want to hire someone who acts as a private investigator but is trained specifically in tracing and decoding internet traffic and and cookies, etc. Lastly, if you post or shoot out an email seeking others who have suffered in similar situations on the website, you might consider seeking a class action attorney to lower your costs and benefit the class of persons who have been negatively affected, as you were. Just a note or two: the website which posted the pictures will most likely have terms which, if you signed up with or opened an account with them, likely consented to their terms. However, from the facts, it seems as if you did not "belong" or open an account with them, and boilerplate contract terms can still be contested. Also, an issue you might have to account for is damages (one of the four essential components to a tort action). That being said, if the pictures were explicit and embarassing, a competent attorney would find out more information and see on what grounds to bring charges. Good luck and I hope this was helpful.

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